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7/15/2013 9:28AM

Hurdles Facing Additional Zimmerman Legal Action

The acquittal of George Zimmerman in the shooting death of black teenager Trayvon Martin has prompted some calls for further legal action, but there are significant obstacles to pursing the case in the federal or civil courts. Ashby Jones and former U.S. Attorney Alan Vinegrad discuss. Photo: AP.

This transcript has been automatically generated and may not be 100% accurate.

... the the ... call call call ... protests in Union Square New York falling others nationwide after George image of a man was acquitted in the shooting death of Trayvon Martin ... U S Attorney General ... Eric holder has now been asked by some to bring federal criminal charges against Mr. Zeman Zimmermann that he violated Mr Barnes civil rights ... but a federal criminal case not to mention a civil proceeding would prove an uphill battle we have to guess to analyze the issue here ... Wall Street Journal's Ashby Jones and Alan blinder a partner at Covington Burling ... as well is a former US attorney thinks Defense gets heated ... okay let's jump in first my first question double jeopardy rules how could you ask the hell could you bring the case here ... we didn't double jeopardy does not apply in this instance if we're talking about is the federal government ... coming in and filing ... of ... criminal civil rights case against him has not been tried ... on those counts yet or or on those charges yet ... so ... so we wouldn't be double jeopardy at that point because it's a really good separate claim that only the federal government can bring ... the state claims are all done he can he return tweet read by anybody the state level ... federal at the federal level and out of KL unhealthy understand the difference between says that the state trial ... and the difference tween the civil rights claim and what he was trying on ... right so if the federal government were to bring a case they had several ... hurdles ... to overcome the state prosecutors to dawn ... on three main ones first ... they have to prove that Mr. Zimmerman ... willfully and intentionally ... attacked and killed Trayvon Martin ... and in the state case they perceive it not only on the theory that he was very reckless about it ... but that also emails were charged ... with the state was not required to prove his intent to war ... and they could not prove that ... sales of the ten second child ... did did did get into ... he ... knew one says it is intense ... correct ... just a and and just based on that is is how you would bring a separate trial both they'd have to show that that they'd also have to prove something builds the second element ... which is that it's too soon and attacked Mr. Martin ... because of his rates ... be with the Aris Millwood of who pointed in a federal case that was not present ... the state ... okay let's talk about the difficulties now that this is how it could be done ... it can it be done not only give you protection whether it will be done but ... what what with what are the big difficulties that the federal government would face cream the second case well I mean anytime you ... you know you bring a second case in its rear to begin ... but when you do if you have to contend with the fact that many witnesses authority testified ... that pretty much stop with the diversion is given ... Ditto will already in court ... and so if all those witnesses testified and the result of a lesser standard ... Alyssa legal standard was not guilty ... you know right off the bat the federal government has its work ... cut out for ... it ... um what the stock to stop them from doing what I would expect would be a very sorrow either investigation or even read investigation of the case ... speaking to the witnesses to testify ... speaking to witnesses who did not testify ... speaking to witnesses that they might find that has never been spoken to Fuel SP let's bring you back in here ... this has been done ... successfully before the Rodney King case is an example ... read the Rodney King case ... four ... we spend who were accused of beating Rodney King were all acquitted of state-run to be outnumbered back in the early nineties ... the dear leader or so the federal McKinney to File scribbled civil rights ... charges against all for ... two of them were convicted in and did prison time as a result of that ... Ms Allan said it's it's done very very infrequently ... warranty I think the rezone pointed out that it's ... it's rethink Lardy PPT forty promised a case can be and usually ... ask the prosecution tried to prove this issue of content why did this happen was this done ... aam out of malice was the tone for a racially discriminatory purpose ... and toes fatal ... aam there's nothing that says the Fed over the paillettes tried to do this again begin to compete more successful it's ... it's really hard to go on and and when other cases it happens very rarely took a ... civil case ... the stock about that is as a ... potential ... Avenue Kia ... and going to harking back to the OJ trial after he was acquitted Ron Goldman's family ... when after O J and wine ... in a civil proceeding and that's that's a different standard of proof on ... now ask you about that what ... what what what would be the merits of of ... going after George Zimmerman in in a civil proceeding ... well the berets would be ... if the if the family of Trayvon Martin Want to establish in court of law that he was legally responsible liable ... on for Trayvon Martin's death ... and as you pointed out the standard of proof is low or they would at the show was basically fifty one percent that Mr. Zimmerman ... broke the law ... as opposed to beyond a reasonable doubt in a criminal case which was fine ... however you have to consider so what are they really Guinea get out of this oval case because if the looking for money I don't know that Mr. Zimmerman would necessarily have a lot of money to satisfy the judgment ... that would come in the case ... what they could proceed and try to get the judgment nonetheless okay last question SBI nasty protection what happens ... I think the Justice Department Eric holder and his ... his team looked at this very carefully ... aam and they tweak a little while and I think it you know that you cannot bring a the Federal Open Pixie rehear ...